Text: H.R.2620 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-193 (12/19/2003)

 
[108th Congress Public Law 193]
[From the U.S. Government Printing Office]


[DOCID: f:publ193.108]

[[Page 117 STAT. 2875]]

Public Law 108-193
108th Congress

                                 An Act


 
   To authorize appropriations for fiscal years 2004 and 2005 for the 
       Trafficking Victims Protection Act of 2000, and for other 
            purposes. <<NOTE: Dec. 19, 2003 -  [H.R. 2620]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Trafficking Victims 
Protection Reauthorization Act of 2003. 22 USC 7101 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trafficking Victims Protection 
Reauthorization Act of 2003''.

SEC. 2. <<NOTE: 22 USC 7101 note.>> FINDINGS.

    Congress finds the following:
            (1) Trafficking in persons continues to victimize countless 
        men, women, and children in the United States and abroad.
            (2) Since the enactment of the Trafficking Victims 
        Protection Act of 2000 (division A of Public Law 106-386), the 
        United States Government has made significant progress in 
        investigating and prosecuting acts of trafficking and in 
        responding to the needs of victims of trafficking in the United 
        States and abroad.
            (3) On the other hand, victims of trafficking have faced 
        unintended obstacles in the process of securing needed 
        assistance, including admission to the United States under 
        section 101(a)(15)(T)(i) of the Immigration and Nationality Act.
            (4) Additional research is needed to fully understand the 
        phenomenon of trafficking in persons and to determine the most 
        effective strategies for combating trafficking in persons.
            (5) Corruption among foreign law enforcement authorities 
        continues to undermine the efforts by governments to 
        investigate, prosecute, and convict traffickers.
            (6) International Law Enforcement Academies should be more 
        fully utilized in the effort to train law enforcement 
        authorities, prosecutors, and members of the judiciary to 
        address trafficking in persons-related crimes.

SEC. 3. <<NOTE: President.>> ENHANCING PREVENTION OF TRAFFICKING IN 
            PERSONS.

    (a) Border Interdiction, Public Information Programs, and Combating 
International Sex Tourism.--Section 106 of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7104) is amended--
            (1) by redesignating subsection (c) as subsection (f);
            (2) by inserting after subsection (b) the following new 
        subsections:

    ``(c) Border Interdiction.--The President shall establish and carry 
out programs of border interdiction outside the United States.

[[Page 117 STAT. 2876]]

Such programs shall include providing grants to foreign nongovernmental 
organizations that provide for transit shelters operating at key border 
crossings and that help train survivors of trafficking in persons to 
educate and train border guards and officials, and other local law 
enforcement officials, to identify traffickers and victims of severe 
forms of trafficking, and the appropriate manner in which to treat such 
victims. Such programs shall also include, to the extent appropriate, 
monitoring by such survivors of trafficking in persons of the 
implementation of border interdiction programs, including helping in the 
identification of such victims to stop the cross-border transit of 
victims. The President shall ensure that any program established under 
this subsection provides the opportunity for any trafficking victim who 
is freed to return to his or her previous residence if the victim so 
chooses.
    ``(d) International Media.--The President shall establish and carry 
out programs that support the production of television and radio 
programs, including documentaries, to inform vulnerable populations 
overseas of the dangers of trafficking, and to increase awareness of the 
public in countries of destination regarding the slave-like practices 
and other human rights abuses involved in trafficking, including 
fostering linkages between individuals working in the media in different 
countries to determine the best methods for informing such populations 
through such media.
    ``(e) Combating International Sex Tourism.--
            ``(1) Development and dissemination of materials.--The 
        President, pursuant to such regulations as may be prescribed, 
        shall ensure that materials are developed and disseminated to 
        alert travelers that sex tourism (as described in subsections 
        (b) through (f) of section 2423 of title 18, United States Code) 
        is illegal, will be prosecuted, and presents dangers to those 
        involved. Such materials shall be disseminated to individuals 
        traveling to foreign destinations where the President determines 
        that sex tourism is significant.
            ``(2) Monitoring of compliance.--The President shall monitor 
        compliance with the requirements of paragraph (1).
            ``(3) Feasibility report.--Not <<NOTE: Deadline.>> later 
        than 180 days after the date of the enactment of the Trafficking 
        Victims Protection Reauthorization Act of 2003, the President 
        shall transmit to the Committee on International Relations of 
        the House of Representatives and the Committee on Foreign 
        Affairs of the Senate a report that describes the feasibility of 
        such United States Government materials being disseminated 
        through public-private partnerships to individuals traveling to 
        foreign destinations.''; and
            (3) in subsection (f) (as redesignated), by striking 
        ``initiatives described in subsections (a) and (b)'' and 
        inserting ``initiatives and programs described in subsections 
        (a) through (e)''.

    (b) Termination of Certain Grants, Contracts and Cooperative 
Agreements.--Section 106 of such Act (as amended by subsection (a)) is 
further amended by adding at the end the following new subsection:
    ``(g) Termination of Certain Grants, Contracts and Cooperative 
Agreements.--
            ``(1) Termination.--The President shall ensure that any 
        grant, contract, or cooperative agreement provided or entered 
        into by a Federal department or agency under which funds 
        described in paragraph (2) are to be provided to a private

[[Page 117 STAT. 2877]]

        entity, in whole or in part, shall include a condition that 
        authorizes the department or agency to terminate the grant, 
        contract, or cooperative agreement, without penalty, if the 
        grantee or any subgrantee, or the contractor or any 
        subcontractor (i) engages in severe forms of trafficking in 
        persons or has procured a commercial sex act during the period 
        of time that the grant, contract, or cooperative agreement is in 
        effect, or (ii) uses forced labor in the performance of the 
        grant, contract, or cooperative agreement.
            ``(2) Assistance described.--Funds referred to in paragraph 
        (1) are funds made available to carry out any program, project, 
        or activity abroad funded under major functional budget category 
        150 (relating to international affairs).''.

SEC. 4. ENHANCING PROTECTION FOR TRAFFICKING VICTIMS.

    (a) Amendments to Trafficking Victims Protection Act of 2000.--
            (1) Cooperation between foreign governments and 
        nongovernmental organizations.--Section 107(a)(1)(B) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7105(a)(1)(B)) is amended by adding at the end before the period 
        the following: ``, and by facilitating contact between relevant 
        foreign government agencies and such nongovernmental 
        organizations to facilitate cooperation between the foreign 
        governments and such organizations''.
            (2) Assistance for family members of victims of trafficking 
        in united states.--Section 107(b)(1) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended--
                    (A) in subparagraph (A), by inserting ``, or an 
                alien classified as a nonimmigrant under section 
                101(a)(15)(T)(ii),'' after ``in persons''; and
                    (B) in subparagraph (B)--
                          (i) by inserting ``and aliens classified as a 
                      nonimmigrant under section 101(a)(15)(T)(ii),'' 
                      after ``United States,''; and
                          (ii) by adding at the end the following new 
                      sentence: ``In the case of nonentitlement programs 
                      funded by the Secretary of Health and Human 
                      Services, such benefits and services may include 
                      services to assist potential victims of 
                      trafficking in achieving certification and to 
                      assist minor dependent children of victims of 
                      severe forms of trafficking in persons or 
                      potential victims of trafficking.''.
            (3) Certification of victims of a severe form of trafficking 
        in persons.--Section 107(b)(1)(E) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is amended by 
        adding at the end the following new clause:
                          ``(iv) Assistance to investigations.--In 
                      making the certification described in this 
                      subparagraph with respect to the assistance to 
                      investigation or prosecution described in clause 
                      (i)(I), the Secretary of Health and Human Services 
                      shall consider statements from State and local law 
                      enforcement officials that the person referred to 
                      in subparagraph (C)(ii)(II) has been willing to 
                      assist in every reasonable way with respect to the 
                      investigation and prosecution of State and local 
                      crimes

[[Page 117 STAT. 2878]]

                      such as kidnapping, rape, slavery, or other forced 
                      labor offenses, where severe forms of trafficking 
                      appear to have been involved.''.
            (4) Private right of action.--
                    (A) In general.--Chapter 77 of part I of title 18, 
                United States Code, is amended by adding at the end the 
                following new section:

``Sec. 1595. Civil remedy

    ``(a) An individual who is a victim of a violation of section 1589, 
1590, or 1591 of this chapter may bring a civil action against the 
perpetrator in an appropriate district court of the United States and 
may recover damages and reasonable attorneys fees.
    ``(b)(1) Any civil action filed under this section shall be stayed 
during the pendency of any criminal action arising out of the same 
occurrence in which the claimant is the victim.
    ``(2) In this subsection, a `criminal action' includes investigation 
and prosecution and is pending until final adjudication in the trial 
court.''.
                    (B) Conforming amendment.--The table of contents of 
                chapter 77 of part I of title 18, United States Code, is 
                amended by adding at the end the following new item:

``1595. Civil remedy.''.

    (b) Amendments to Immigration and Nationality Act.--
            (1) Nonimmigrant alien classes.--Section 101(a)(15)(T) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is 
        amended--
                    (A) in clause (i)(III)(bb), by striking ``15 years 
                of age,'' and inserting ``18 years of age,''; and
                    (B) in clause (ii)(I), by inserting ``unmarried 
                siblings under 18 years of age on the date on which such 
                alien applied for status under such clause,'' before 
                ``and parents''.
            (2) Admission of nonimmigrants.--Section 214(n) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(n)) is amended--
                    (A) in paragraph (3), by inserting ``siblings,'' 
                before ``or parents''; and
                    (B) by adding at the end the following:

    ``(4) An unmarried alien who seeks to accompany, or follow to join, 
a parent granted status under section 101(a)(15)(T)(i), and who was 
under 21 years of age on the date on which such parent applied for such 
status, shall continue to be classified as a child for purposes of 
section 101(a)(15)(T)(ii), if the alien attains 21 years of age after 
such parent's application was filed but while it was pending.
    ``(5) An alien described in clause (i) of section 101(a)(15)(T) 
shall continue to be treated as an alien described in clause (ii)(I) of 
such section if the alien attains 21 years of age after the alien's 
application for status under such clause (i) is filed but while it is 
pending.
    ``(6) In making a determination under section 
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements from 
State and local law enforcement officials that the alien has complied 
with any reasonable request for assistance in the investigation or 
prosecution of crimes such as kidnapping, rape, slavery, or other forced 
labor offenses, where severe forms of trafficking in persons

[[Page 117 STAT. 2879]]

(as defined in section 103 of the Trafficking Victims Protection Act of 
2000) appear to have been involved, shall be considered.''.
            (3) Adjustment of status.--Section 245(l) of the Immigration 
        and Nationality Act (8 U.S.C. 1255(l)) (as added by section 
        107(f) of Public Law 106-386) is amended--
                    (A) in paragraph (1)--
                          (i) by striking ``admitted under that 
                      section'' and inserting ``admitted under section 
                      101(a)(15)(T)(ii)''; and
                          (ii) by inserting ``sibling,'' after 
                      ``parent,''; and
                    (B) in paragraph (3)(B), by inserting ``siblings,'' 
                after ``daughters,''.
            (4) Exemption from public charge ground for 
        inadmissibility.--Section 212(d)(13) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(13)), as added by section 
        107(e)(3) of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7105(e)(3)), is amended--
                    (A) in subparagraph (A), by striking the period at 
                the end and adding the following:

``, except that the ground for inadmissibility described in subsection 
(a)(4) shall not apply with respect to such a nonimmigrant.''; and
                    (B) in subparagraph (B)--
                          (i) by amending clause (i) to read as follows:
            ``(i) subsection (a)(1); and''; and
                          (ii) in clause (ii)--
                                    (I) by striking ``such subsection'' 
                                and inserting ``subsection (a)''; and
                                    (II) by inserting ``(4),'' after 
                                ``(3),''.
            (5) Aggravated felony defined.--Section 101(a)(43)(K)(iii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(43)(K)(iii)) is amended to read as follows:
                          ``(iii) is described in any of sections 1581-
                      1585 or 1588-1591 of title 18, United States Code 
                      (relating to peonage, slavery, involuntary 
                      servitude, and trafficking in persons);''.

SEC. 5. ENHANCING PROSECUTIONS OF TRAFFICKERS.

    (a) Sex Trafficking of Children or by Force, Fraud, or Coercion.--
Section 1591 of title 18, United States Code, is amended--
            (1) in the heading, by inserting a comma after ``fraud'';
            (2) in subsection (a)(1), by striking ``in or affecting 
        interstate commerce'' and inserting ``in or affecting interstate 
        or foreign commerce, or within the special maritime and 
        territorial jurisdiction of the United States''; and
            (3) in subsection (b), by striking ``the person 
        transported'' each place it appears and inserting ``the person 
        recruited, enticed, harbored, transported, provided, or 
        obtained''.

    (b) Definition of Racketeering Activity.--Section 1961(1)(A) of 
title 18, United States Code, is amended by striking ``sections 1581-
1588 (relating to peonage and slavery)'' and inserting ``sections 1581-
1591 (relating to peonage, slavery, and trafficking in persons).''.
    (c) Conforming Amendments.--(1) The heading for chapter 77 of part I 
of title 18, United States Code, is amended to read as follows:

[[Page 117 STAT. 2880]]

      ``CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS''.

    (2) The table of contents for part I of title 18, United States 
Code, is amended in the item relating to chapter 77 to read as follows:

         ``77.  Peonage, slavery, and trafficking in persons''.

SEC. 6. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING.

    (a) Report.--
            (1) In general.--Section 105(d) of the Victims of 
        Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
        7103(d)) is amended by adding at the end the following new 
        paragraph:
            ``(7) Not later than <<NOTE: Deadline.>> May 1, 2004, and 
        annually thereafter, the Attorney General shall submit to the 
        Committee on Ways and Means, the Committee on International 
        Relations, and the Committee on the Judiciary of the House of 
        Representatives and the Committee on Finance, the Committee on 
        Foreign Relations, and the Committee on the Judiciary of the 
        Senate, a report on Federal agencies that are implementing any 
        provision of this division, or any amendment made by this 
        division, which shall include, at a minimum, information on--
                    ``(A) the number of persons who received benefits or 
                other services under section 107(b) in connection with 
                programs or activities funded or administered by the 
                Secretary of Health and Human Services, the Secretary of 
                Labor, the Board of Directors of the Legal Services 
                Corporation, and other appropriate Federal agencies 
                during the preceding fiscal year;
                    ``(B) the number of persons who have been granted 
                continued presence in the United States under section 
                107(c)(3) during the preceding fiscal year;
                    ``(C) the number of persons who have applied for, 
                been granted, or been denied a visa or otherwise 
                provided status under section 101(a)(15)(T)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(T)(i)) during the preceding fiscal year;
                    ``(D) the number of persons who have been charged or 
                convicted under one or more of sections 1581, 1583, 
                1584, 1589, 1590, 1591, 1592, or 1594 of title 18, 
                United States Code, during the preceding fiscal year and 
                the sentences imposed against each such person;
                    ``(E) the amount, recipient, and purpose of each 
                grant issued by any Federal agency to carry out the 
                purposes of sections 106 and 107 of this Act, or section 
                134 of the Foreign Assistance Act of 1961, during the 
                preceding fiscal year;
                    ``(F) the nature of training conducted pursuant to 
                section 107(c)(4) during the preceding fiscal year; and
                    ``(G) the activities undertaken by the Senior Policy 
                Operating Group to carry out its responsibilities under 
                section 105(f) of this division.''.
            (2) Conforming amendment.--Section 107(b)(1) of the Victims 
        of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
        7105(b)(1)) is amended by striking subparagraph (D).

[[Page 117 STAT. 2881]]

    (b) Support for the Task Force.--
            (1) Amendment.--The <<NOTE: President.>> second sentence of 
        section 105(e) of the Victims of Trafficking and Violence 
        Protection Act of 2000 (22 U.S.C. 7103(e)) is amended by 
        inserting at the end before the period the following: ``, who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate, with the rank of Ambassador-at-Large''.
            (2) Applicability.--The <<NOTE: 22 USC 7103 
        note.>> individual who holds the position of Director of the 
        Office to Monitor and Combat Trafficking of the Department of 
        State may continue to hold such position notwithstanding the 
        amendment made by paragraph (1).

    (c) Senior Policy Operating Group.--
            (1) Amendment.--Section 105 of the Victims of Trafficking 
        and Violence Protection Act of 2000 (22 U.S.C. 7103) is amended 
        by adding at the end the following new subsection:

    ``(f) Senior Policy Operating Group.--
            ``(1) Establishment.--There shall be established within the 
        executive branch a Senior Policy Operating Group.
            ``(2) Membership; related matters.--
                    ``(A) In general.--The Operating Group shall consist 
                of the senior officials designated as representatives of 
                the appointed members of the Task Force (pursuant to 
                Executive Order No. 13257 of February 13, 2002).
                    ``(B) Chairperson.--The Operating Group shall be 
                chaired by the Director of the Office to Monitor and 
                Combat Trafficking of the Department of State.
                    ``(C) Meetings.--The Operating Group shall meet on a 
                regular basis at the call of the Chairperson.
            ``(3) Duties.--The Operating Group shall coordinate 
        activities of Federal departments and agencies regarding 
        policies (including grants and grant policies) involving the 
        international trafficking in persons and the implementation of 
        this division.
            ``(4) Availability of information.--Each Federal department 
        or agency represented on the Operating Group shall fully share 
        all information with such Group regarding the department or 
        agency's plans, before and after final agency decisions are 
        made, on all matters relating to grants, grant policies, and 
        other significant actions regarding the international 
        trafficking in persons and the implementation of this division.
            ``(5) Regulations.--Not <<NOTE: Deadline. President.>> later 
        than 90 days after the date of the enactment of the Trafficking 
        Victims Protection Reauthorization Act of 2003, the President 
        shall promulgate regulations to implement this section, 
        including regulations to carry out paragraph (4).''.
            (2) Conforming amendment.--Section 406 of the Department of 
        State and Related Agency Appropriations Act, 2003 (as contained 
        in division <<NOTE: 22 USC 7103 note.>> B of Public Law 108-7) 
        is hereby repealed.

    (d) Minimum Standards for the Elimination of Trafficking.--Section 
108(b) of the Victims of Trafficking and Violence Protection Act of 2000 
(22 U.S.C. 7106(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``that take place wholly or partly 
                within the territory of the country'' and inserting ``, 
                and convicts and sentences persons responsible for such 
                acts, that take place wholly or partly within the 
                territory of the country''; and

[[Page 117 STAT. 2882]]

                    (B) by adding at the end the following new 
                sentences: ``After reasonable requests from the 
                Department of State for data regarding investigations, 
                prosecutions, convictions, and sentences, a government 
                which does not provide such data, consistent with the 
                capacity of such government to obtain such data, shall 
                be presumed not to have vigorously investigated, 
                prosecuted, convicted or sentenced such acts. During the 
                periods prior to the annual report submitted on June 1, 
                2004, and on June 1, 2005, and the periods afterwards 
                until September 30 of each such year, the Secretary of 
                State may disregard the presumption contained in the 
                preceding sentence if the government has provided some 
                data to the Department of State regarding such acts and 
                the Secretary has determined that the government is 
                making a good faith effort to collect such data.'';
            (2) in paragraph (7)--
                    (A) by striking ``and prosecutes'' and inserting ``, 
                prosecutes, convicts, and sentences''; and
                    (B) by adding at the end the following new sentence: 
                ``After reasonable requests from the Department of State 
                for data regarding such investigations, prosecutions, 
                convictions, and sentences, a government which does not 
                provide such data consistent with its resources shall be 
                presumed not to have vigorously investigated, 
                prosecuted, convicted, or sentenced such acts. During 
                the periods prior to the annual report submitted on June 
                1, 2004, and on June 1, 2005, and the periods afterwards 
                until September 30 of each such year, the Secretary of 
                State may disregard the presumption contained in the 
                preceding sentence if the government has provided some 
                data to the Department of State regarding such acts and 
                the Secretary has determined that the government is 
                making a good faith effort to collect such data.''.
            (3) by adding the following new paragraphs at the end:
            ``(8) Whether the percentage of victims of severe forms of 
        trafficking in the country that are non-citizens of such 
        countries is insignificant.
            ``(9) Whether the government of the country, consistent with 
        the capacity of such government, systematically monitors its 
        efforts to satisfy the criteria described in paragraphs (1) 
        through (8) and makes available publicly a periodic assessment 
        of such efforts.
            ``(10) Whether the government of the country achieves 
        appreciable progress in eliminating severe forms of trafficking 
        when compared to the assessment in the previous year.''.

    (e) Special Watch List.--Section 110(b) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7107(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Special watch list.--
                    ``(A) Submission of list.--Not later than the date 
                on which the determinations described in subsections (c) 
                and (d) are submitted to the appropriate congressional 
                committees in accordance with such subsections, the 
                Secretary of State shall submit to the appropriate 
                congressional committees a list of countries that the 
                Secretary

[[Page 117 STAT. 2883]]

                determines requires special scrutiny during the 
                following year. The list shall be composed of the 
                following countries:
                          ``(i) Countries that have been listed pursuant 
                      to paragraph (1)(A) in the current annual report 
                      and were listed pursuant to paragraph (1)(B) in 
                      the previous annual report.
                          ``(ii) Countries that have been listed 
                      pursuant to paragraph (1)(B) pursuant to the 
                      current annual report and were listed pursuant to 
                      paragraph (1)(C) in the previous annual report.
                          ``(iii) Countries that have been listed 
                      pursuant to paragraph (1)(B) pursuant to the 
                      current annual report, where--
                                    ``(I) the absolute number of victims 
                                of severe forms of trafficking is very 
                                significant or is significantly 
                                increasing;
                                    ``(II) there is a failure to provide 
                                evidence of increasing efforts to combat 
                                severe forms of trafficking in persons 
                                from the previous year, including 
                                increased investigations, prosecutions 
                                and convictions of trafficking crimes, 
                                increased assistance to victims, and 
                                decreasing evidence of complicity in 
                                severe forms of trafficking by 
                                government officials; or
                                    ``(III) the determination that a 
                                country is making significant efforts to 
                                bring themselves into compliance with 
                                minimum standards was based on 
                                commitments by the country to take 
                                additional future steps over the next 
                                year.
                    ``(B) Interim assessment.--
                Not <<NOTE: Deadline.>> later than February 1st of each 
                year, the Secretary of State shall provide to the 
                appropriate congressional committees an assessment of 
                the progress that each country on the special watch list 
                described in subparagraph (A) has made since the last 
                annual report.
                    ``(C) Relation of special watch list to annual 
                trafficking in persons report.--A determination that a 
                country shall not be placed on the special watch list 
                described in subparagraph (A) shall not affect in any 
                way the determination to be made in the following year 
                as to whether a country is complying with the minimum 
                standards for the elimination of trafficking or whether 
                a country is making significant efforts to bring itself 
                into compliance with such standards.''.

    (f) Enhancing United States Assistance.--Section 134(b) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2152d(b)) is amended by adding 
at the end the following new sentence: ``Assistance may be provided 
under this section notwithstanding section 660 of this Act.''.
    (g) Research Relating to Trafficking in Persons.--
            (1) In general.--The Victims of Trafficking and Violence 
        Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended by 
        inserting after section 112 the following new section:

[[Page 117 STAT. 2884]]

``SEC. 112A. <<NOTE: President. 22 USC 7109a.>> RESEARCH ON DOMESTIC AND 
            INTERNATIONAL TRAFFICKING IN PERSONS.

    ``The President, acting through the Council of Economic Advisors, 
the National Research Council of the National Academies, the Secretary 
of Labor, the Secretary of Health and Human Services, the Attorney 
General, the Secretary of State, the Administrator of the United States 
Agency for International Development, and the Director of Central 
Intelligence, shall carry out research, including by providing grants to 
nongovernmental organizations, as well as relevant United States 
Government agencies and international organizations, which furthers the 
purposes of this division and provides data to address the problems 
identified in the findings of this division. Such research initiatives 
shall, to the maximum extent practicable, include, but not be limited 
to, the following:
            ``(1) The economic causes and consequences of trafficking in 
        persons.
            ``(2) The effectiveness of programs and initiatives funded 
        or administered by Federal agencies to prevent trafficking in 
        persons and to protect and assist victims of trafficking.
            ``(3) The interrelationship between trafficking in persons 
        and global health risks.''.
            (2) Conforming amendment.--The table of contents of the 
        Victims of Trafficking and Violence Protection Act of 2000 is 
        amended by inserting after the item relating to section 112 the 
        following new item:

``Sec. 112A. Research on domestic and international trafficking in 
           persons.''.

    (h) Sanctions and Waivers.--Section 110(d) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7107(d)) is amended--
            (1) in paragraph (4), by inserting after ``nonhumanitarian, 
        nontrade-related foreign assistance'' the following: ``or 
        funding for participation in educational and cultural exchange 
        programs''; and
            (2) in paragraph (5)(A)(i), by inserting after ``foreign 
        assistance'' the following: ``or funding for participation in 
        educational and cultural exchange programs''.

    (i) Subsequent Waiver Authority.--Section 110 of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7107) is amended by adding at 
the end the following new subsection:
    ``(f) After the President has made a determination described in 
subsection (d)(1) with respect to the government of a country, the 
President may at any time make a determination described in paragraphs 
(4) and (5) of subsection (d) to waive, in whole or in part, the 
measures imposed against the country by the previous determination under 
subsection (d)(1).''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; RELATED MATTERS.

    Section 113 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7110) is amended--
            (1) in subsection (a)--
                    (A) by striking ``105'' and inserting ``105(e), 
                105(f)''; and
                    (B) by striking ``and $3,000,000 for each of the 
                fiscal years 2002 and 2003'' and inserting ``, 
                $3,000,000 for each of the fiscal years 2002 and 2003, 
                and $5,000,000 for each of the fiscal years 2004 and 
                2005'';

[[Page 117 STAT. 2885]]

            (2) in subsection (b), by adding at the end before the 
        period the following: ``and $15,000,000 for each of the fiscal 
        years 2004 and 2005'';
            (3) in subsection (c)--
                    (A) in paragraph (1) to read as follows:
            ``(1) Bilateral assistance to combat trafficking.--
                    ``(A) Prevention.--To carry out the purposes of 
                section 106, there are authorized to be appropriated to 
                the Secretary of State $10,000,000 for each of the 
                fiscal years 2004 and 2005.
                    ``(B) Protection.--To carry out the purposes of 
                section 107(a), there are authorized to be appropriated 
                to the Secretary of State $15,000,000 for fiscal year 
                2003 and $10,000,000 for each of the fiscal years 2004 
                and 2005.
                    ``(C) Prosecution and meeting minimum standards.--To 
                carry out the purposes of section 134 of the Foreign 
                Assistance Act of 1961, there are authorized to be 
                appropriated $10,000,000 for each of the fiscal years 
                2004 and 2005 to assist in promoting prosecution of 
                traffickers and otherwise to assist countries in meeting 
                the minimum standards described in section 108 of this 
                Act, including $250,000 for each such fiscal year to 
                carry out training activities for law enforcement 
                officers, prosecutors, and members of the judiciary with 
                respect to trafficking in persons at the International 
                Law Enforcement Academies.''; and
                    (B) in paragraph (2), by striking ``for each of the 
                fiscal years 2001, 2002, and 2003'' and inserting ``for 
                each of the fiscal years 2001 through 2005'';
            (4) in subsection (d)--
                    (A) by adding at the end before the period the 
                following: ``and $15,000,000 for each of the fiscal 
                years 2004 and 2005''; and
                    (B) by adding at the end the following new sentence: 
                ``To carry out the purposes of section 134 of the 
                Foreign Assistance Act of 1961 (as added by section 
                109), there are authorized to be appropriated to the 
                President, acting through the Attorney General and the 
                Secretary of State, $250,000 for each of fiscal years 
                2004 and 2005 to carry out training activities for law 
                enforcement officers, prosecutors, and members of the 
                judiciary with respect to trafficking in persons at the 
                International Law Enforcement Academies.'';
            (5) in subsection (e)--
                    (A) in paragraphs (1) and (2), by striking ``for 
                fiscal year 2003'' each place it appears and inserting 
                ``for each of the fiscal years 2003 through 2005''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Research.--To carry out the purposes of section 112A, 
        there are authorized to be appropriated to the President 
        $300,000 for fiscal year 2004 and $300,000 for fiscal year 
        2005.'';
            (6) in subsection (f), by adding at the end before the 
        period the following: ``and $10,000,000 for each of the fiscal 
        years 2004 and 2005''; and
            (7) by adding at the end the following new subsection:

    ``(g) Limitation on Use of Funds.--

[[Page 117 STAT. 2886]]

            ``(1) Restriction on programs.--No funds made available to 
        carry out this division, or any amendment made by this division, 
        may be used to promote, support, or advocate the legalization or 
        practice of prostitution. Nothing in the preceding sentence 
        shall be construed to preclude assistance designed to promote 
        the purposes of this Act by ameliorating the suffering of, or 
        health risks to, victims while they are being trafficked or 
        after they are out of the situation that resulted from such 
        victims being trafficked.
            ``(2) Restriction on organizations.--No funds made available 
        to carry out this division, or any amendment made by this 
        division, may be used to implement any program that targets 
        victims of severe forms of trafficking in persons described in 
        section 103(8)(A) of this Act through any organization that has 
        not stated in either a grant application, a grant agreement, or 
        both, that it does not promote, support, or advocate the 
        legalization or practice of prostitution. The preceding sentence 
        shall not apply to organizations that provide services to 
        individuals solely after they are no longer engaged in 
        activities that resulted from such victims being trafficked.''.

SEC. 8. TECHNICAL CORRECTIONS.

    (a) Immigration and Nationality Act.--
            (1) Classes of nonimmigrant aliens.--Section 101(a)(15) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
        amended--
                    (A) by moving the margins of subparagraphs (T) and 
                (U) 2 ems to the left;
                    (B) in subparagraph (T), by striking ``214(n),'' and 
                inserting ``214(o),'';
                    (C) in subparagraph (U), by striking ``214(o),'' and 
                inserting ``214(p),''; and
                    (D) in subparagraph (V), by striking ``214(o),'' and 
                inserting ``214(q),''.
            (2) Classes of aliens ineligible for visas and admission.--
        Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)) is amended by redesignating the paragraph (13) added by 
        section 1513(e) of the Battered Immigrant Women Protection Act 
        of 2000 (title V of division B of Public Law 106-386; 114 Stat. 
        1536) as paragraph (14).
            (3) Admission of nonimmigrants.--Section 214 of the 
        Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
        redesignating subsections (m) (as added by section 105 of Public 
        Law 106-313), (n) (as added by section 107(e) of Public Law 106-
        386), (o) (as added by section 1513(c) of Public Law 106-386), 
        (o) (as added by section 1102(b) of the Legal Immigration Family 
        Equity Act), and (p) (as added by section 1503(b) of the Legal 
        Immigration Family Equity Act) as subsections (n), (o), (p), 
        (q), and (r), respectively.
            (4) Adjustment of status of nonimmigrants.--Section 245 of 
        the Immigration and Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in the subsection (l) added by section 107(f) of 
                Public Law 106-386, by redesignating the second 
                paragraph (2), and paragraphs (3) and (4), as paragraphs 
                (3), (4), and (5), respectively; and

[[Page 117 STAT. 2887]]

                    (B) by redesignating the subsection (l) added by 
                section 1513(f) of Public Law 106-386 as subsection (m).

    (b) Trafficking Victims Protection Act of 2000.--(1) Section 
103(7)(A)(i) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102(7)(A)(i)) is amended by inserting after ``part II of that 
Act'' the following: ``in support of programs of nongovernmental 
organizations''.
    (2) Section 107(g) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7105(g)) is amended by striking ``214(n)(1)'' and inserting 
``214(o)(2)''.

    Approved December 19, 2003.

LEGISLATIVE HISTORY--H.R. 2620:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-264, Pt. 1 (Comm. on International Relations) and 
Pt. 2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Nov. 4, 5, considered and passed House.
            Dec. 9, considered and passed Senate.

                                  <all>